One of the first things a person who has been arrested on a DUI charge in San Diego thinks is “How can I beat this charge”? The mistake that a lot of people make who have been arrested for DUI make is to make the decision to not have a DUI lawyer represent them in their defense of the DUI charge.
Beating or even reducing a DUI charge in San Diego county is extremely difficult, if not impossible in most cases without the help of an experience DUI lawyer who practices in San Diego and knows the San Diego court system and the California DUI laws like the back of their hand, so to speak.
Whether or not you live in San Diego or any other part of the United States and you have been arrested on a drunk driving charge and are a waiting your day in court. One of the first things you must do, is to hire an experienced DUI lawyer to represent you in court.
When you make this decision, base it on your future and the potential impact a DUI conviction will have on your life down the road. Don’t just think about the costs of hiring a DUI lawyer, this is a fatal mistake.
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Monday, July 27, 2009
Monday, July 20, 2009
Prior to trial, man pleads guilty in DUI hit-run death
EL CAJON – On the eve of the start of his trial, a 44-year-old Alpine man pleaded guilty Tuesday to gross vehicular manslaughter involving alcohol in the hit-and-run death of a bicyclist in December.
The change of plea by Travis Weber included an enhancement for hit-and-run driving and an agreement by attorneys for both sides that Weber will be sentenced to 11 years in state prison on June 25.
In addition, relatives of the victim, Edward Costa, 30, of Alpine, will be allowed to make statements before Weber is sentenced.
“It was a tragic case,” said attorney Russell K. Robinson, Weber's defense counsel. “Mr. Weber is a spiritual man and he feels very bad about this whole thing. If he could change anything, he would.”
Robinson said he and the prosecutor, Deputy District Attorney Gordon Paul Davis, had worked several weeks to reach a resolution that would be fair to Weber and also spare Costa's relatives from the ordeal of a trial.
Davis said the case was difficult, in part, because the state lacked clear evidence that Weber was drunk at the time of the accident, since authorities did not find him until his arrest two days later.
On Dec. 2, Costa was riding his mountain bike in the bicycle lane on Alpine Boulevard at Rock Terrace Road just before 5 p.m. when a truck came from behind and slammed into him, authorities said.
Two days after the crash, as Costa's family and friends were holding a memorial vigil at the crash site, they saw Weber pull into the Liars' Club parking lot across the street, a witness testified at a preliminary hearing in January. The witness said she performed a citizen's arrest while others summoned sheriff's deputies.
Also at the hearing, a California Highway Patrol officer testified that Weber said that he had been on a drinking binge for five days or more at the time and didn't remember anything that happened on Dec. 2.
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The change of plea by Travis Weber included an enhancement for hit-and-run driving and an agreement by attorneys for both sides that Weber will be sentenced to 11 years in state prison on June 25.
In addition, relatives of the victim, Edward Costa, 30, of Alpine, will be allowed to make statements before Weber is sentenced.
“It was a tragic case,” said attorney Russell K. Robinson, Weber's defense counsel. “Mr. Weber is a spiritual man and he feels very bad about this whole thing. If he could change anything, he would.”
Robinson said he and the prosecutor, Deputy District Attorney Gordon Paul Davis, had worked several weeks to reach a resolution that would be fair to Weber and also spare Costa's relatives from the ordeal of a trial.
Davis said the case was difficult, in part, because the state lacked clear evidence that Weber was drunk at the time of the accident, since authorities did not find him until his arrest two days later.
On Dec. 2, Costa was riding his mountain bike in the bicycle lane on Alpine Boulevard at Rock Terrace Road just before 5 p.m. when a truck came from behind and slammed into him, authorities said.
Two days after the crash, as Costa's family and friends were holding a memorial vigil at the crash site, they saw Weber pull into the Liars' Club parking lot across the street, a witness testified at a preliminary hearing in January. The witness said she performed a citizen's arrest while others summoned sheriff's deputies.
Also at the hearing, a California Highway Patrol officer testified that Weber said that he had been on a drinking binge for five days or more at the time and didn't remember anything that happened on Dec. 2.
Source
Monday, July 13, 2009
Assault and DUI Appeal Shot Down For Foley Friend
SAN DIEGO - A state appeals court Friday upheld the assault/DUI conviction of a woman who was with former Chargers linebacker Steve Foley the night he was shot by an off-duty Coronado police officer.
Lisa Maree Gaut was found guilty of assault with a deadly weapon and two drunken driving counts in connection with the Sept. 3, 2006, shooting.
Officer Aaron Mansker testified that around 3:15 a.m., he spotted Foley's vehicle being driven erratically and swerving on northbound state Route 163 and tried to pull it over, even though he was dressed in street clothes.
The 23-year-old rookie officer followed the car for 13 miles to Foley's Poway home, where he shot the player when he thought he was reaching into his waistband.
Gaut, then 25 and living with her son, jumped in the driver's seat and drove the car at Mansker, who managed to get out of the way.
Gaut was sentenced in June 2007 by Judge Charles Rogers to six months in jail or work furlough.
The appellate justices rejected Gaut's contention that there was insufficient evidence to convict her; that Judge Charles Rogers erred when he allowed her recorded jailhouse telephone calls to be introduced as evidence; and that he improperly failed to include certain jury instructions.
Gaut's lawyer suggested the telephone calls had the effect to "demonize" her before the jury, partly because of what the appellate justices described as "rough language."
The appellate panel ruled the calls were of solid evidentiary value because they cast doubt on earlier statements to detectives, and that Gaut "might have had ulterior motives to tailor her trial testimony to maximize her personal benefit."
Foley was 31 when he took a bullet to the knee and had to retire from football. He settled with Mansker and the city of Coronado for $5.5 million.
He had a .21 percent blood-alcohol level -- more than twice the legal limit -- and pleaded guilty to two misdemeanor drunken driving chargers.
Source
Lisa Maree Gaut was found guilty of assault with a deadly weapon and two drunken driving counts in connection with the Sept. 3, 2006, shooting.
Officer Aaron Mansker testified that around 3:15 a.m., he spotted Foley's vehicle being driven erratically and swerving on northbound state Route 163 and tried to pull it over, even though he was dressed in street clothes.
The 23-year-old rookie officer followed the car for 13 miles to Foley's Poway home, where he shot the player when he thought he was reaching into his waistband.
Gaut, then 25 and living with her son, jumped in the driver's seat and drove the car at Mansker, who managed to get out of the way.
Gaut was sentenced in June 2007 by Judge Charles Rogers to six months in jail or work furlough.
The appellate justices rejected Gaut's contention that there was insufficient evidence to convict her; that Judge Charles Rogers erred when he allowed her recorded jailhouse telephone calls to be introduced as evidence; and that he improperly failed to include certain jury instructions.
Gaut's lawyer suggested the telephone calls had the effect to "demonize" her before the jury, partly because of what the appellate justices described as "rough language."
The appellate panel ruled the calls were of solid evidentiary value because they cast doubt on earlier statements to detectives, and that Gaut "might have had ulterior motives to tailor her trial testimony to maximize her personal benefit."
Foley was 31 when he took a bullet to the knee and had to retire from football. He settled with Mansker and the city of Coronado for $5.5 million.
He had a .21 percent blood-alcohol level -- more than twice the legal limit -- and pleaded guilty to two misdemeanor drunken driving chargers.
Source
Monday, July 6, 2009
New Fire Rules Could Eliminate Thousands Of Local Trees
SAN DIEGO -- San Diego County officials said more than 150 wildfires in the county were sparked by downed power lines.
Some of the wildfires in 2003 and 2007 were started by power lines and high winds in the back country, officials said, and for that reason state regulators are in the process of making new rules.One of those new rules could require more aggressive tree trimming near power lines."I am sounding the alarm now," said Diane Conklin of the Mussey Grade Alliance.Conklin, a Ramona resident, said she is concerned about San Diego Gas & Electric's plan to follow the new rules by clearing a 50-foot perimeter around power poles and power lines.Conklin said the plan would wipe out thousands of acres of trees across the county."SDG&E has asked for this massive tree-trimming program because they believe that is the best way to protect against fires," Conklin.Right now SDG&E clears a minimum of 18 inches around powerlines and power poles. They want permission to increase that area with no maximum limit.SDG&E spokeswoman Stephanie Donovan said, "We have to insure that our lines are in compliance in terms of having the tree branches away from the power lines 100 percent of the time all year long, maybe for a couple of years, so we have to trim back farther than the minimum to allow for growth."Conklin said she thinks many trees could disappear if SDG&E's request is granted, and she is asking the state for maximums to insure that historic trees like those along Mussey Grade Road only get trimmed and not cut down."Those trees are beautiful, and we all want to see our community as beautiful as possible. But as I said before, the real tree removal hazard is the next wildfire," saidState regulators hope to have a decision by late summer.
Source
Some of the wildfires in 2003 and 2007 were started by power lines and high winds in the back country, officials said, and for that reason state regulators are in the process of making new rules.One of those new rules could require more aggressive tree trimming near power lines."I am sounding the alarm now," said Diane Conklin of the Mussey Grade Alliance.Conklin, a Ramona resident, said she is concerned about San Diego Gas & Electric's plan to follow the new rules by clearing a 50-foot perimeter around power poles and power lines.Conklin said the plan would wipe out thousands of acres of trees across the county."SDG&E has asked for this massive tree-trimming program because they believe that is the best way to protect against fires," Conklin.Right now SDG&E clears a minimum of 18 inches around powerlines and power poles. They want permission to increase that area with no maximum limit.SDG&E spokeswoman Stephanie Donovan said, "We have to insure that our lines are in compliance in terms of having the tree branches away from the power lines 100 percent of the time all year long, maybe for a couple of years, so we have to trim back farther than the minimum to allow for growth."Conklin said she thinks many trees could disappear if SDG&E's request is granted, and she is asking the state for maximums to insure that historic trees like those along Mussey Grade Road only get trimmed and not cut down."Those trees are beautiful, and we all want to see our community as beautiful as possible. But as I said before, the real tree removal hazard is the next wildfire," saidState regulators hope to have a decision by late summer.
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